Common use of Waiver of Marshaling of Assets Clause in Contracts

Waiver of Marshaling of Assets. To the fullest extent the Borrower may legally do so, the Borrower waives all rights to a marshaling of the assets of the Borrower, its members, if any, and others with interests in the Borrower and of the Collateral, or to a sale in inverse order of alienation in the event of foreclosure of the interests hereby created or otherwise created by any of the other Loan Documents, and agrees not to assert any right under any laws pertaining to the marshaling of assets, the sale in inverse order of alienation, the administration of estates of decedents, or any other matters whatsoever to defeat, reduce or affect the right of the Lender under the Loan Documents to a sale of any of the Collateral for the collection of the related Debt without any prior or different resort for collection, or the right of the Lender to the payment of the related Debt out of the net proceeds of the Collateral in preference to every other claimant whatsoever. In addition, the Borrower, for itself and its successors and assigns, waives in the event of foreclosure of the Pledge Agreement, any equitable right otherwise available to the Borrower which would require the separate sale of the Collateral.

Waiver of Marshaling of Assets. To the fullest extent the Borrower may legally do so, the Borrower waives all rights to a marshaling of the assets of the Borrower, its members, if any, and others with interests in the Borrower and of the CollateralMortgaged Property, or to a sale in inverse order of alienation in the event of foreclosure of the interests hereby created or otherwise created by any of the other Loan Documentscreated, and agrees not to assert any right under any laws pertaining to the marshaling of assets, the sale in inverse order of alienation, homestead exemption, the administration of estates of decedents, or any other matters whatsoever to defeat, reduce or affect the right of any Lender or the Lender Agent on behalf of Lenders under the Loan Documents to a sale of any of the Collateral Mortgaged Property for the collection of the related Debt without any prior or different resort for collection, or the right of any Lender or the Lender Agent on behalf of Lenders to the payment of the related Debt out of the net proceeds of the Collateral Mortgaged Property in preference to every other claimant whatsoever. In addition, the Borrower, for itself and its successors and assigns, waives in the event of foreclosure of the Pledge AgreementMortgage, any equitable right otherwise available to the Borrower which would require the separate sale of portions of the CollateralMortgaged Property.

Waiver of Marshaling of Assets. To the fullest extent the a Borrower may legally do so, the each Borrower waives all rights to a marshaling of the assets of the such Borrower, its memberspartners, if any, and others with interests in the said Borrower and of the CollateralProperties, or to a sale in inverse order of alienation in the event of foreclosure of the interests hereby created or otherwise created by any of the other Loan Documentscreated, and agrees not to assert any right under any laws pertaining to the marshaling of assets, the sale in inverse order of alienation, homestead exemption, the administration of estates of decedents, or any other matters whatsoever to defeat, reduce or affect the right of the any Lender or Agent on behalf of Lenders under the Loan Documents to a sale of any one or more of the Collateral Properties for the collection of the related Debt without any prior or different resort for collection, or the right of the any Lender or Agent on behalf of Lenders or any deed of trust trustee to the payment of the related Debt out of the net proceeds of the Collateral Properties in preference to every other claimant whatsoever. In addition, the Borrower, for itself and its successors and assigns, waives in the event of foreclosure of the Pledge Agreement, any equitable right otherwise available to the Borrower which would require the separate sale of the Collateral.

Waiver of Marshaling of Assets. To the fullest extent the Borrower may legally do so, the Borrower waives all rights to a marshaling of the assets of the Borrower, Guarantor, its members, if any, and others with interests in the Borrower and of the Collateral, or to a sale in inverse order of alienation in the event of foreclosure of the interests hereby created or otherwise created by any of the other Loan Documentscreated, and agrees not to assert any right under any laws pertaining to the marshaling of assets, the sale in inverse order of alienation, homestead exemption, the administration of estates of decedents, or any other matters whatsoever to defeat, reduce or affect the right of the Lender Agent or Lenders under the Loan Documents to a sale of any of the Collateral for the collection of the related Debt debt without any prior or different resort for collection, or the right of the Lender Agent or Lenders to the payment of the related Debt debt out of the net proceeds of the Collateral in preference to every other claimant whatsoever. In addition, the Borrower, for itself and its successors and assigns, waives in the event of foreclosure of the Pledge AgreementMortgage, any equitable right otherwise available to the Borrower which would require the separate sale of portions of the CollateralProperty.

Waiver of Marshaling of Assets. To the fullest extent the Borrower may legally do so, the Borrower waives all rights to a marshaling of the assets of the Borrower, its members, if any, and others with interests in the Borrower and of the Collateral, or to a sale in inverse order of alienation in the event of foreclosure of the interests hereby created or otherwise created by any of the other Loan Documents, and agrees not to assert any right under any laws pertaining to the marshaling of assets, the sale in inverse order of alienation, the administration of estates of decedents, or any other matters whatsoever to defeat, reduce or affect the right of any Lender or the Lender Agent on behalf of the Lenders under the Loan Documents to a sale of any of the Collateral for the collection of the related Debt without any prior or different resort for collection, or the right of any Lender or the Lender Agent on behalf of Lenders to the payment of the related Debt out of the net proceeds of the Collateral in preference to every other claimant whatsoever. In addition, the Borrower, for itself and its successors and assigns, waives in the event of foreclosure of the Pledge Agreement, any equitable right otherwise available to the Borrower which would require the separate sale of the Collateral.

Waiver of Marshaling of Assets. The Lender shall have no obligation to marshal any assets in favor of the Borrower or any other party or against or in payment of any or all of the obligations of the Borrower pursuant to this Agreement, the Note or any other Loan Document. To the fullest extent the Borrower may legally do so, the Borrower waives all rights to a marshaling of the assets of the Borrower and the Borrower, its members, if any's Affiliates, and others with interests in any of the Borrower Borrower, and of the CollateralRestaurant Property and other assets of the Borrower, or to a sale in inverse order of alienation in the event of foreclosure of the interests hereby created or otherwise created by any of the other Loan Documentscreated, and agrees not to assert any right under any laws pertaining to the marshaling of assets, the sale in inverse order of alienation, homestead exemption, the administration of estates of decedents, or any other matters whatsoever to defeat, reduce or affect the right of the Lender under the Loan Documents to a sale of any or all of the Collateral Restaurant Property and other assets of the Borrower for the collection of the related Debt Indebtedness without any prior or different resort for collection, or the right of the Lender or any deed of trust trustee to the payment of the related Debt Obligations out of the net proceeds of the Collateral Restaurant Property in preference to every other claimant whatsoever. In addition, the Borrower, for itself and its successors and assigns, waives in the event of foreclosure of the Pledge Agreement, any equitable right otherwise available to the Borrower which would require the separate sale of the Collateral.

Waiver of Marshaling of Assets. To the fullest extent the a Borrower Party may legally do so, the each Borrower Party waives all rights to a marshaling of the assets of the Borrowersuch Borrower Party, its memberspartners, if any, and others with interests in the said Borrower Party and of the CollateralMortgaged Properties, or to a sale in inverse order of alienation in the event of foreclosure of the interests hereby created or otherwise created by any of the other Loan Documentscreated, and agrees not to assert any right under any laws pertaining to the marshaling of assets, the sale in inverse order of alienation, homestead exemption or the administration of estates of decedents, or any other matters whatsoever decedents to defeat, reduce or affect the right of the any Lender or Agent on behalf of Lenders under the Loan Documents to a sale of any one or more of the Collateral Mortgaged Properties for the collection of the related Debt without any prior or different resort for collection, or the right of the any Lender or Agent on behalf of Lenders or any deed of trust trustee to the payment of the related Debt out of the net proceeds of the Collateral Mortgaged Properties in preference to every other claimant whatsoever. In addition, the Borrower, for itself and its successors and assigns, waives in the event of foreclosure of any or all of the Pledge AgreementMortgage, any equitable right otherwise available to the Borrower which would require the separate sale of the Collateralportions of a Mortgaged Property.